Glossary of Probate Terms | Terminology & Meanings

This glossary provides general explanations of terms commonly used in California probate, trusts, and estate administration. The meaning and application of legal terms may vary depending on the circumstances. For statutory definitions, consult California Probate Code §20 et seq. For legal advice concerning a specific matter, consult a qualified probate attorney.

Glossary of Probate Terms

Administrator: A person appointed by the Probate Court to administer an estate when no Executor is serving. This commonly occurs when someone dies without a Will or when no named Executor is available to serve.

Administrator with Will Annexed: A person appointed by the Probate Court to administer an estate when the decedent left a Will but no named Executor is available or willing to serve. Authority under the Independent Administration of Estates Act (IAEA) depends on the court’s authorization.

Affidavit: A written statement of facts sworn to or affirmed before a person authorized to administer an oath. A declaration under penalty of perjury is a related but distinct document.

Ancillary Administration: The administration of property owned by a decedent located in a state other than the domicile of the decedent.

Beneficiary: A person or organization entitled to receive property or other benefits under a Will, trust, or other legal arrangement.

Blocked Accounts: A bank or other financial account subject to court-imposed restrictions. Withdrawals generally require court authorization, although deposits may be permitted under the terms of the court order.

Certified Probate Real Estate Specialist: A licensed real estate agent or broker with specialized training and certification in probate real estate.

Codicil: A Codicil is a written supplement, or amendment, to an existing Will.

Community Property: Generally, property acquired by either spouse during marriage while domiciled in California, other than property classified as separate property. California community property rules may also apply to registered domestic partners.

Conservatee: A person for whom the court has established a conservatorship.

Conservator:  The court appoints a person or organization to manage and protect the financial and/or personal care of a conservatee.

Conservatorship: There are different types of conservatorship. A probate conservatorship could be for the person or the estate.

Decedent: The deceased, or a person who passed away.

Declaration: A written statement made under penalty of perjury.

Devisee: A person designated in a Will to receive property through a testamentary gift.

Disclaimer: A legally effective refusal to accept an interest in property, such as an inheritance or trust distribution. California law establishes requirements for making a valid disclaimer.

Domicile: A permanent place of residence.

Escheat: The transfer of property to the state when a deceased person has no legally entitled heirs or other persons entitled to receive the property, subject to applicable law.

Estate: The property, rights, and obligations associated with a deceased person. The assets subject to probate administration may differ from the person’s total assets because some property passes outside probate.

Executor: The Executor is the person whom the deceased person named in their Will to carry out the wishes outlined in the Will. The Executor is also known as the Personal Representative (PR) of the decedent’s Estate.

Ex Parte: A court application or proceeding made without the usual opportunity for all interested parties to be heard beforehand. Notice may still be required under applicable law or court rules.

Federal Estate Taxes: Death taxes imposed by the federal government on the transfer of assets following one’s death.

Fiduciary: A person or an organization that has a legal responsibility that involves a high standard of care to manage the property for a person.

Grantor:  An individual or corporation that transfers (grants) property to another person.

Guardian: A person who manages and protects the financial and/or personal care of a minor or ward. A guardian is appointed by the probate court.

Heir: A person entitled to inherit from a deceased person under applicable intestate succession laws.

Holographic Will: A Will in which the signature and material provisions are in the testator’s handwriting. Under California law, a holographic Will may be valid even if it is not dated, although an omitted date can create legal issues.

Independent Administration of Estates Act (IAEA): California law allowing a court-authorized Personal Representative to perform many estate administration activities without obtaining prior court approval for each action. Full or limited authority may be granted, and certain actions remain subject to notice or court approval requirements.

Inter Vivos Trust: A trust established during the lifetime of the person creating it, rather than through a Will at death.

Intestate: When someone dies without a Will, they have died intestate.

Intestate Succession:  The order in which people inherit assets from people who died intestate, or without a Will.

Irrevocable Trust:  The grantor expressly releases the power to revoke the trust.

Joint Tenancy: A form of co-ownership generally characterized by a right of survivorship. Upon an owner’s death, that owner’s interest ordinarily passes to the surviving joint tenant or tenants.

Legatee:  A person named in a Will to receive a gift of Personal Property from the Decedent.

Letters of Administration:  Letters of Administration are granted by the judge to the administrator of an Estate, as part of the Probate Process.

Letters Testamentary:  An Executor of a Will is granted “Letters Testamentary” by the judge as part of the Probate Process.

Life Estate: An interest in property that lasts only for the life of the owner, or holder.

Life Tenant: A tenant who may retain possession of the property as long as they are alive.

Limited Conservatorship: A California conservatorship generally established for an adult with a developmental disability who needs assistance in specified areas of personal care or financial management.

LPS Conservatorship: A conservatorship established under California’s Lanterman-Petris-Short Act for an eligible person who meets the applicable statutory criteria, including grave disability. It is distinct from a general probate conservatorship.

Minor: Generally, a person under 18 years of age.

Personal Property: Property other than real property, including money, vehicles, furniture, jewelry, and other tangible or intangible assets.

Personal Representative: A person appointed by the Probate Court to administer a deceased person’s estate. The term includes Executors and Administrators.

Petition: A Petition is a legal document filed with the court. The Petition represents a formal, written request to the court for a specific action or order. For example, the Petition for Probate.

Pretermitted Heir: Generally, a spouse or child omitted from a testamentary instrument who may qualify for an inheritance under California’s omitted-spouse or omitted-child statutes.

Probate: Probate is a court-supervised (legal) process to administer an estate.

Probate Attorney: An attorney with specialized knowledge and experience with probate matters.

Probate Administration: The court-supervised process of identifying and managing estate assets, paying valid debts and expenses, and distributing remaining property according to a valid Will or applicable intestate succession laws.

Probate Court: The court that handles Probate matters, such as Wills, Trusts, Guardianships, and Conservatorships.

Probate Process: The steps involved in administering and distributing an estate.

Probate Timeline: The sequence of steps and approximate time required to administer a probate estate. The duration varies depending on the estate’s circumstances and court requirements.

Property: Anything that can be owned is referred to as Property. There is a distinction between Real Property and Personal Property.

Real Property:  Land and interests in land, including buildings and other improvements permanently attached to it.

Residue: The remaining portion of a decedent’s estate after the payment of debts and legacies.

Residuary Beneficiary: A person who receives all or part of the Residue.

Revocable Trust: A trust that may be revoked by the person who makes the trust.

Small Estates: California provides simplified procedures for transferring certain estate assets without formal probate when statutory requirements are met. Eligibility depends on the type and value of property, the date of death, and the applicable procedure.

Successor Fiduciary: The next person, or organization, appointed if a person or organization named or appointed as Fiduciary cannot act due to resignation, removal, or death.

Tenancy in Common: A form of holding title to real or personal property by two or more persons with no right of survivorship.

Testate:  When someone dies with a valid Will, they have died testate.

Testator: A testator is a person who makes a Will.

Testamentary Trust: A trust created by a Will that does not go into effect until the person who makes the trust dies.

Trusts: Legal arrangements in which a Trustee holds or manages property for the benefit of designated beneficiaries according to the terms of the trust.

Trustee:  A person who holds and manages the property for the benefit of a beneficiary. The person or organization is authorized as a trustee via a trust.  A trustee is also a Fiduciary.

Trustor:  A person who establishes a Trust document.

Ward: A person, commonly a minor, under the protection of a court-appointed guardian.

Will: A legal instrument expressing a person’s wishes for the disposition of property after death and potentially naming an Executor or making other provisions. California law generally requires the custodian of a decedent’s Will to deliver it to the appropriate Superior Court clerk within the statutory period, even when formal probate is not commenced.

Need Probate Help | Get the Help You Need

If you need assistance selling probate real estate in Santa Clara County, contact Kathleen Daniels, Independent Broker-Owner of KD Realty and Need Probate Help in San Jose, at 408-972-1822.

Kathleen is a Certified Probate Real Estate Specialist and holds a certificate in Professional Fiduciary Management for Trustees.

If you need a probate attorney referral in Santa Clara County, we can help connect you with experienced local probate attorneys.

We understand that administering an estate can be stressful. Our goal is to provide knowledgeable, compassionate guidance throughout the probate real estate sale, allowing you to focus on your responsibilities as Executor or Administrator.